ALISTER ANDREW HENSKENS SC

Transcription

1 ALISTER ANDREW HENSKENS SC Ninth Floor Selborne Chambers 174 Phillip Street Sydney NSW 2000 Tel: (02) (w) Mob: PROFESSIONAL QUALIFICATIONS Senior Counsel, NSW Bar Association 2011 Barrister, 1996 to the present Arbitrator approved by the NSW Bar Association Solicitor, Attorney and Proctor of the New South Wales Supreme Court Accredited Specialist in Business Law (NSW Law Society) ACADEMIC QUALIFICATIONS WORK EXPERIENCE Master of Laws, University of Toronto, Canada 1988 Bachelor of Laws, University of Sydney 1986 Bachelor of Economics, University of Sydney 1984 Legal Current: Barrister, Sydney Bar from 1996 Practice in a broad variety of different areas of law including jury advocacy. In recent years appearance mainly in cases involving commercial litigation/banking and insolvency/corporate/ equity/contract and misleading conduct predominantly in the Supreme Court of NSW and the Federal Court of Australia. Specialty in banking and insolvency, commercial, defamation and construction law. The clients who I am briefed by include Cumberland Press (a subsidiary of News Ltd), Commonwealth Bank, NAB, Westpac, ANZ, Bank West, Citigroup, Investec, State Bank, Commonwealth Government, NSW Government, Allianz

2 2 Australia, GIO, Port Stephens Council, Newcastle Knights and James Hardy. Appearances as a barrister in Hearings at first instance Appearance for many years in trials at first instance, often with a junior in a variety of different areas of the law representing major institutions as well as individual litigants. Examples include a 12 day contractual dispute in the commercial list of the Supreme Court (Shield Mercantile v Citigroup [2013] NSWSC 117), a dispute between Monster Energy and Red Bull involving the enforcement of a negative covenant against a V 8 Supercar racing driver in the Supreme Court (settled after a 2 day hearing), a 4 week case involving fraud in the Commercial List of the Supreme Court for the Commonwealth Bank (Commonwealth Bank of Australia v Saleh and ors [2007] NSWSC 903), two x 4 week plus partnership disputes in the Supreme Court (Lowe v Pascoe [2010] NSWSC 388; Barescape Pty Ltd As Trustee for the V'S Family Trust and Anor v Bacchus Holdings Pty Ltd As Trustee for the Bacchus Holdings Trust and Anor (No 9) [2012] NSWSC 984); and a 4 week case for the Commonwealth Bank involving a challenge to the exercise of the Bank s power of sale (on appeal Commonwealth Bank of Australia v Hadfield [2004] NSWCA 350). Appearance in defamation trials before juries for both the Cumberland Press and individual litigants. Also representation of major construction companies and the Port Stephens Council (Tellamist Pty Ltd v Port Stephens Shire Council & Anor [2003] NSWSC 234). Appearance in numerous cases obtaining or defending urgent injunctions including asset freezing orders and search orders. Other major cases include: Commissions of Inquiry and Public Examinations of Directors Senior Counsel representing Hon Chris Hartcher MP in the ICAC operations Credo and Spicer public hearings and the representation of other interested parties in other ICAC public hearings. Public examination of company directors in the Federal and Supreme Courts. Counsel Assisting in the Equine Influenza Inquiry by Hon. Ian Callinan AC instructed by the Australian Government Solicitor

3 3 from September 2007 to April All of the recommendations of the Inquiry were adopted by the Commonwealth Government. Full High Court Appeals NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 (led by Barker QC and Bannon SC). Appearance during the 5 month hearing at first instance and through all appeal stages. The case concerned NT Power seeking to enter the NT electricity market as a generator and retailer of electricity. NT Power was being excluded from the market by the government monopolist who breached the anti competition provisions of the Trade Practices Act. The case heard extensive evidence as to the engineering and economic features of the generation, transmission, distribution and retail electricity markets. Puntoriero v Water Administration Ministerial Corporation (1999) 199 CLR 575. This case led by David Jackson QC concerned an appeal against a finding that damages awarded to the plaintiff was excluded by a statutory provision in the Act governing the Water Administration Ministerial Corporation. Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327. Appearance during the defamation trial and during all stages of appeal. By the time of the High Court appeal the case concerned the defence of a fair protected report of court proceedings. Keramianakis v Regional Publishers Pty Ltd (2009) 237 CLR 268. Appearance before the defamation jury and during all stages of appeal. The High Court appeal concerned inconsistent verdicts of a jury in relation to a named plaintiff and not named but identified plaintiff who were partners in a medical practice. High Court Special Leave and other Applications Each of the above full appeals plus: Savage v Lunn (12/10/88) (before Gummow J, notice of motion) Savage v Lunn (1999) 13 Leg Rep 3L3c (led by Walker SC) Port Stephens Council ats Tellamist (27/5/05) [2005] HCATrans 365 Commonwealth Bank of Australia ats Hadfield (30/9/05) [2005] HCATrans 779

4 4 Appeals in NSW Court of Appeal Savage v Lunn (1998) BC Savage v Lunn No.2 (1998) BC Poonan v Frank Whiddon Masonic Homes (1998) BC Nationwide News P/L v Heggie [2001] NSWCA 257 Commonwealth Bank v Hadfield [2001] NSWCA 440 Nationwide News Pty Ltd v Rogers [2002] NSWCA 71 Port Stephens Shire Council v Tellanist No.1 & No.2 [2004] NSWCA 353 and 415 Commonwealth Bank v Hadfield (No.2) [2004] NSWCA 350 McKenzie v. Miller [2006] NSWCA 377 Keraminakis v Wagstaff [2007] NSWCA 375; Chief Commissioner of State Revenue v Print National Pty Ltd [2013] NSWCA 96 Hassarati v Trust Co 2013 (Australia) Ltd (matter settled after full appeal argued) Appeals in NSW Court of Criminal Appeal Harris v Harrison [2014] NSWCCA 84 (successful appeal) Harris v Harrison [2013] NSWCCA 314 (successful stay application) NSW Court of Appeal Leave Applications (self arguing) Planet Build (NSW) Pty Ltd v Lassgol Pty Ltd [2001] NSWCA 40 Wagstaff v. Keraminakis [2006] NSWCA 137 (heard simultaneously with the full appeal) (leading Maroya) Pinata Pty Ltd v. Davies and anors (25/9/06) Qureshi and anor v. Commonwealth Bank of Australia (22/6/07) (leading Zahra) Qureshi and anor v Commonwealth Bank of Australia (No 2) [2009] NSWCA 421 (leading Zahra) Weller v Williams [2010] NSWCA 201 (leading Zahra) Hassarati v Trust Co (Australia) Ltd [2013] NSWCA 132 (leading Bearup) St George Bank v Jin [2013] NSWCA 306 Solicitor: From 1988 to 1996: employed solicitor at Allen Allen and Hemsley and as a partner in two firms of solicitors in Newcastle.

5 5 Practised in areas of law which included defamation, banking litigation, land and environment advice and litigation, commercial transactions and advice, mining law, Supreme and District Court litigation: liquidators actions under the Corporations Law; engineering disputes; equity and insurance litigation (GIO) including indemnity issues; and sports law (Newcastle Knights, a SuperLeague franchise and Basketball Association). Academic 1995 present: Clinical Lecturer in Law at the University of Newcastle Faculty of Law (in the practical legal training component of the LLB course). PUBLICATIONS 2008 present: Member of the external advisory committee of the Department of Government and International Relations, University of Sydney : Part time tutor in the Law of Business Organisations at the University of Newcastle Faculty of Law : Part time tutor in Company Law at the University of Sydney Faculty of Law Defamation and Investigative Journalism in NSW: The Evolution of Statutory Qualified Privilege, Australian Bar Review Vol.6, Contempt and the Mr Bubbles Case, (with A. Leopold), CAMLA Journal, Legal Education: Black Letter, White Letter or Practical Law?, The Newcastle Law Review, Vol 9 Issue 1 (2005/2006) EDUCATION University of Toronto (Massey College) Masters of Laws: Completed August Thesis: Defamation Law in New South Wales: Truth, Justice or the American Way? Scholarship: Rotary Foundation Scholar, The New South Wales Law Society s College of Law

6 6 Diploma of completion for the six month Practical Legal Training Course, completed 24 June The University of Sydney (St Andrew s College) Law School: Faculty of Economics: University Activities: Bachelor of Laws Degree, completed November Bachelor of Economics majoring in Government and Economics completed November Delegate to 1986 Australasian Law Student s Conference in Adelaide, South Australia Sydney University Law Revue, Varsity Basketball 1985 and Sydney University Old Boys Basketball, St Andrew s College Basketball, (Captain ). Newcastle High School School Vice Captain 1981 State High School Basketball Champions: 1980 and runners-up 1981 LEADERSHIP, MEMBERSHIPS and ASSOCIATIONS Member Professional Conduct Committee, NSW Bar Association, 2012 to present. Past director of Basketball NSW(1997-8) and the Basketball Association of Newcastle and Lake Macquarie Ltd ( ). Fellow of the Commercial Law Association, member of the Australian and New Zealand Sports Law Association and member of the Banking Law Association. Floor Secretary 9 th Floor Selborne Chambers ( ) and director (2007 to 2012). Member of the Sydney Cricket Ground. President Gordon East Public School P & C (2006 and 2007), Vice President (2004 and 2005). Junior club basketball coach 2007 to date. Assistant coach of Northern Suburbs Basketball Association U/12 Northern Suburbs div 1 rep basketball team 2011, U/14 Northern Suburbs div 1 manager in 2013 and U/16 Northern Suburbs div 3 manager in INTERESTS Family, sport (especially basketball, tennis, swimming, cricket, rugby), playing guitar, and travelling.